GALVESTON - Texas City resident Maria Mendoza claims an auto accident with Bacliff local Jason Smith caused her to have a miscarriage, recent court documents say.
According to a lawsuit filed Oct. 28 in Galveston County District Court, Smith rear-ended Mendoza in the 3100 block of Palmer Highway on Oct. 29, 2009. The suit states Mendoza sustained injuries which allegedly caused her to lose her child seven weeks into her pregnancy.
Mendoza is joined by Mariana Cabrera, her passenger at the time of the accident, as a complainant in the case.
The original petition shows the plaintiffs were traveling westbound on Palmer with Smith reportedly moving in the same direction when the incident occurred.
"Ms. Mendoza was forced to slow due to a car in front of her turning right into a parking lot," the suit says.
"The defendant was traveling in the same direction as the plaintiffs and rear-ended the plaintiffs' vehicle."
It further explains that the apparent impact ultimately led to the unborn child's death, which Mendoza describes as "traumatic."
Smith is faulted for failing to control his speed, failing to stop his vehicle in a timely manner and failing to maintain a safe following distance between his vehicle and that in front of him.
Consequently, Mendoza and Cabrera seek unspecified monetary damages.
They are represented by Stang, Carroll & Macchi.
The case has been assigned to Galveston County 56th District Court Judge Lonnie Cox.
Case No. 11-cv-1721